Singh (Migration)

[2020] AATA 952

Singh (Migration) [2020] AATA 952 (7 January 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Mr Bhupinder Singh
Mrs Mandeep Kaur

CASE NUMBER:  1909610

DIBP REFERENCE(S):  BCC2017/1047686

MEMBER:Andrew McLean Williams

DATE:7 January 2020

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal remits the applications for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 186 visa:

·cl.186.223(2) of Schedule 2 to the Regulations

Statement made on 07 January 2020 at 11:39am

CATCHWORDS

MIGRATION – Employer Nomination (Permanent) (Class EN) visa – Subclass 186 (Employer Nomination Scheme) – nomination approved upon review – decision under review remitted    

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 186.223

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration to refuse to grant the applicants Employer Nomination (Permanent) visas under s.65 of the Migration Act 1958 (the Act). The applicants applied for the visas on 16 March 2017. The delegate refused to grant the visas on 3 April 2019.

2. The delegate made the decision on the basis that on 5 March 2019 a delegate of the Minister refused the nomination lodged by Exotic Spice Pty Ltd, being the nomination referred to in paragraph 186.223(1) in the case of the first-named applicant.

3. On 7 January 2020 the Tribunal approved the nomination lodged by Exotic Spice Pty Ltd on the hearing of an Application to Review the decision dated 5 March 2019. In light of that, the Tribunal is satisfied that the first-named applicant is now able to meet the requirements of clause 186.223 and that Mrs Mandeep Kaur meets the requirements of clause 186.311.  In these circumstances the Tribunal concludes that the matter should be remitted to the Department, for reconsideration by a delegate to the Minister.

   DECISION

4. The Tribunal remits the application for reconsideration, with the direction that the first-named applicant meets the following criteria for a Subclass 186 visa:

   ·cl.186.223(2) of Schedule 2 to the Regulations

   Andrew McLean Williams
   Member